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| Decision No. 2082 07 | 31-Dec-2009 | S. Ryan - B. Wheeler - D. Broadbent |
| The worker was diagnosed with squamous cell carcinoma of the left tonsil in 1989. The worker appealed a decision of the Appeals Resolution Officer denying entitlement for the cancer. The worker related the cancer to second-hand smoke while travelling to and from the employer’s work site on an employer bus between March 1975 and May 1976. Medical experts who reviewed the history of this case found a causal relationship unlikely. There was a lack of epidemiological evidence supporting a specific association between exposure to second-hand smoke and squamous cell carcinoma of the tonsil. The worker’s exposure was not particularly high or of long duration. The Standard Incidence Ratio (SIR) was only about 121. The Vice-Chair concluded that the worker’s cancer was not related to workplace exposure. The appeal was dismissed. |
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| References: | Act Citation Other Case Reference |
| Neutral Citation: | 2009 ONWSIAT 3035 |
| Decision No. 2082 07 I | 24-Oct-2008 | S. Ryan - B. Wheeler - D. Broadbent |
| The worker appealed a decision of the Appeals Resolution Officer denying entitlement for tonsillar cancer. The worker sought to enter a report from the Research Director with Physicians for a Smoke-Free Canada. The author of the report had a Master of Arts degree in Sociology. He had extensive experience in the field of public policy and advocacy but his experience was not relevant to the issue of causation in this case. He did not have credentials to qualify as an expert in medical or epidemiological causation. He had been involved in cancer research but did not have a medical degree or doctorate in any other specialty. The Panel concluded that the author of the report did not qualify as an expert witness. However, his report was admitted into evidence and would be treated as submissions on behalf of the worker about how evidence in the case should be interpreted. The hearing was adjourned to obtain a report from a Tribunal medical assessor. |
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| References: | Act Citation Other Case Reference |
| Neutral Citation: | 2008 ONWSIAT 2797 |
